If Your Grandchild Is Adopted By Another Family, Do Your Visitation Rights Get Removed? - Not In California

A quick note and link today on this subject.  Many times during a pending adoption, the biological grandparent of the child may wonder "wait a second, what about my rights to see my grandchild?"  Some states have statutory laws finding that the visitation rights of the grandparent are absolutely cut off completely (including Arkansas, Delaware, Hawaii, Idaho, Maine, Maryland, Nebraska, New Hampshire, Rhode Island, South Carolina, Utah, Virginia, and West Virginia).  Other states grant adoption only if there is a step-parent is adopting (Arizona, Colorado, Georgia, Massachusetts, Michigan, and others...don't worry I provide a link to all of this here).

In California, the rules tend to be pretty favorable towards supporting grandparent visitation, unless the adopting parents are not in favor of visitation.  If so, then the grandparents should get an order from the Court for visitation, and assert their rights for visitation.  California Family Code Section 3103 is the law on this issue spelling out the following elements to present in Court, which are the same factors considering grandparent visitation when biological parents have custody of the children.  Factors to be analyzed by the Court are:

     1.  If the Court determines that visitation by the grandparent is in the best interest of the child.

     2.  If the Court finds that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child.

     3.  If after balancing the interest of the child having visitation with the grandparent, against the right of the parents to exercise their parental authority, the result is favorable towards the grandparent visiting. 

There are options for grandparents facing the adoption, or even their child's loss of custody of their grandchild.  Should you have any further questions on this issue, please call my office today to discuss the matter further at (951) 276-0500.